Riparian Areas Regulation Implementation Guidebook January, 2006 Presented by Michael Roth Ministry of Environment, Ecosystems Branch

Presentation Objectives Purpose of Implementation Guidebook Overview of Implementation Guidebook Updates to Implementation Guidebook Website & Government Search for Assessments

Guidebook Purpose The primary purpose of the guidebook is to assist local governments, landowners, developers, community organizations and QEPs: understand what the legal requirements of the Riparian Areas Regulation are; understand the process for seeking development approval under the Regulation;

Guidebook Purpose cont. be aware of the assessment process that can be used to protect the biological function of riparian areas; to provide guidance in applying the Regulation, and

Guidebook Purpose cont. outlines the roles and responsibilities of governments, QEPs and proponents (landowners and developers) in implementing and complying with the Regulation.

Updating Input received from: Working group representatives from MOE, DFO, UBCM, Local Governments (including: Nanaimo, Surrey & Kelowna), QEP’s Key focus was on Section 3 (Process for Seeking Project Approval). page 27 of report get into details in subsequent slide on QEPs

Updating cont. Review took into consideration: Local Government Process RAR Notification System Assessment page 27 of report get into details in subsequent slide on QEPs

Guidebook Contents Background; Where does the RAR 1. Introduction Background; Where does the RAR apply; What types of development; Local governments requirements to meet the RAR; Other environmental concerns, & Riparian assessment areas and Assessment Reports

Guidebook cont. 2. Roles and Responsibilities MOE, DFO, Local Governments, Qualified Environmental Professional, & Proponents

Guidebook cont. 3. Process for seeking project approval under RAR Overall process, Activities permitted within a SPEA, Activities not permitted within a SPEA, & Adjustment to SPEA widths

Guidebook cont. 4. Implementation Tools for Local Government Overview, Basic requirements, Legislative Tools, & Approaches to Implementing the Riparian Areas Regulation

Guidebook cont. Enforcement Compliance monitoring, 5. Compliance Monitoring and Enforcement Compliance monitoring, Effectiveness monitoring, Local government enforcement tools, Education, & Enforcement roles

Guidebook cont. Appendix Local Government Pilots Notification system Example letters

Update to Guidebook Section 1.1 Introduction to RAR Refer to LG’s prior to making land use decisions Section 1.4 What types of development does the RAR not apply? Section 911 (8) Institutional developments

Update to Guidebook Section 1.6 Other Environmental Concerns Stormwater management, including GVRD/LWMP DFO Operational Statements – as part of measures to reduce Authorizations

Update to Guidebook Section 1.7 Riparian Assessment Areas & Assessment Reports Clarification of when to apply measures for simple and detailed assessment (simple - SPEA includes measures, whereas in the detailed -measures are in addition to SPEA).

Update to Guidebook Section 2.5 Proponent Refer to LG’s prior to making land use decisions

Update to Guidebook Section 3.1 Overall Process Revised flow chart to define process for seeking approvals under RAR (Figure 3-1)

Update to Guidebook Section 3.2 Activities permitted within a SPEA Instream Works – riparian area crossings Fish Habitat Enhancement Siting of small out buildings (<9.29m2) except Greenfield developments

Update to Guidebook Section 3.3 Activities not permitted within a SPEA Trails Landscaping Stormwater infrastructure

Update to Guidebook Section 3.4.1 Small modifications to SPEA Intended for use by Local Government on small urban lots, not Greenfield developments To be considered in conjunction with front, back and side lot setback adjustments Must be coordinated with QEP

Update to Guidebook Section 3.4.1 Small modifications to SPEA Overall riparian area remains the same SPEA boundary not less than 10m from high water mark QEP must still submit Notification Local Gov flex (use of discretionary tool is entirely the choice of the local government.) and should be used in combination with Appendix 3.

Update to Guidebook Appendix 3 Sample letter Notify the Province that a local government has chosen to use the flex option

Update to Guidebook DFO Regional Operating Statements Chapter 1 has a list of these and explains how they are intended to be used Plan to develop additional ROS for lake views/ lake access/ and low impact trail construction

Guidebook Requests for Adjustments Justified only where an unreasonable restraint or hardship on the use or development of the property exists Special circumstances that give rise to hardship that are unique to the property in question

Guidebook Local Government has a key role in assessing, negotiating and supporting adjustment requests To assess whether, in their opinion, undue hardship would be caused without an adjustment To assess their options to relax other restrictions on the development that could alleviate the need to request an adjustment To provide their written support for the adjustment request Adjustments are not considered precedents – individual based on merit

Guidebook DFO Approvals DFO will determine if the adjustment will result in a harmful alteration, disruption or destruction of fish habitat If no, then the adjustment will be dealt with through a Letter of Advice that the QEP includes in their submission to the notification system If yes, then an Authorization will be required and the project is evaluated with respect to our guidelines and policies; project is not entered into notification system – reliant on the conditions of the Authorization

Figure 3-1

Update to Guidebook Appendix 2 Notification System Web based submission for QEP Generates e-mail notifications Local Government access with ability to view and download Assessment reports Local Government ability to conduct searches of Assessments

Search-Government

Search-Government

Search-Government

MOE-RAR Website MOE – RAR http://www.env.gov.bc.ca/habitat/fish_protection_act/riparian/riparian_areas.html

MOE-RAR Website

Web Site Description of the RAR model Extension Orders Protocol Agreement-review for signing Fish Protection Act FAQs Regulation QEP & Local Government Training Notification System Link (MyID)

Web Site cont. Assessment Reporting Guidelines Implementation Guidebook Pilots Assessment Methods Legal review of liability Liability response E-mail for querries http://www.env.gov.bc.ca/habitat/fish_protection_act/riparian/riparian_areas.html

Riparian Area Regulations Thank You Michael.Roth@gov.bc.ca